2004 (5) TMI 577 - HC - Central Excise

Summary

Issues:
1. Challenge to the order passed by the Customs, Excise and Service Tax Appellate Tribunal, Mumbai, regarding the deposit of duty and penalty.
2. Discrepancy in the duty liability amount imposed by the Tribunal.
3. Financial inability of the petitioners to deposit the required amount.
4. Request for the appeals to be heard on merits without interim stay.

Analysis:
The petition before the High Court challenged the order dated 14.1.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, Mumbai, which required the petitioner company to deposit a specified amount of duty and penalty. The Tribunal ordered the company to deposit Rs. 3 crores out of the total duty demanded, with a waiver on further deposit upon compliance. Additionally, the Director and power of attorney holder of the company were also required to make specific deposits by a given date, failing which the appeal could be dismissed for noncompliance.

The petitioner's counsel argued that the Tribunal had miscalculated the duty liability, stating it was actually Rs. 8.69 crores, not Rs. 16 crores as mentioned in the order. Due to financial constraints, the petitioners expressed their inability to make the required deposit and clarified that they were not seeking an interim stay but wanted the appeals to be heard on their merits.

Given the petitioner's stance of not seeking an interim stay and desiring a hearing on the appeals' merits, the High Court suggested that the petitioners could approach the Tribunal with a Miscellaneous Application to make their request officially. The Court directed that the Tribunal should consider such an application in accordance with the law. Consequently, the petition was disposed of by the High Court with no order as to costs, providing guidance for the petitioners to pursue their request through the appropriate legal channels.